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Now that copyrights can be just about a century long, the inability to know what is protected and what is not protected becomes a huge and obvious burden on the creative process. If the only way a library can offer an Internet exhibit about the New Deal is to hire a lawyer to clear the rights to every image and sound, then the copyright system is burdening creativity in a way that has never been seen before because there are no formalities.

Lawrence Lessig#39

CopyrightCreativityRights

About this quote

What does it mean?
Long copyright terms without clear markings make it hard for creators to know what they can use legally.
In plain terms
Unclear rights stop libraries and creators from sharing work.
What can you take from it?
Clear rights help creativity.

Where it applies

  • library exhibits
  • digital archiving
  • content creation

Putting it to work

  • simplify rights clearance
  • add visible markings

Questions to consider

  • How many works are orphaned by unclear laws?
  • What makes copyright easy to understand?

Another view

Some protections are needed to incentivize creation.

More from Lawrence Lessig

  1. Of all the creative work produced by humans anywhere, a tiny fraction has continuing commercial value. For that tiny fraction, the copyright is a crucially imp…

    Permalink to quote #38
  2. The most powerful and sexy and well loved of lobbies really has as its aim not the protection of 'property' but the rejection of a tradition. Their aim is not …

    Permalink to quote #40
  3. It is valuable copyrights that are responsible for terms being extended. Mickey Mouse and 'Rhapsody in Blue.' These works are too valuable for copyright owners…

    Permalink to quote #37

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